By: Sheets, et al. (Senate Sponsor - Watson) H.B. No. 1670
(In the Senate - Received from the House May 14, 2015;
May 14, 2015, read first time and referred to Committee on Health
and Human Services; May 22, 2015, reported favorably by the
following vote: Yeas 9, Nays 0; May 22, 2015, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the possession and removal of a placenta from a hospital
or birthing center.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle H, Title 2, Health and Safety Code, is
amended by adding Chapter 172 to read as follows:
CHAPTER 172. REMOVAL OF PLACENTA FROM HOSPITAL OR BIRTHING CENTER
Sec. 172.001. DEFINITIONS. In this chapter:
(1) "Birthing center" means a facility licensed under
Chapter 244.
(2) "Hospital" means a facility licensed under Chapter
241 or a hospital maintained or operated by this state.
Sec. 172.002. REMOVAL OF PLACENTA FROM HOSPITAL OR BIRTHING
CENTER. (a) Except for the portion of a delivered placenta that is
necessary for an examination described by Subsection (d), a
hospital or birthing center without a court order shall allow a
woman who has given birth in the facility, or a spouse of the woman
if the woman is incapacitated or deceased, to take possession of and
remove from the facility the placenta if:
(1) the woman tests negative for infectious diseases
as evidenced by the results of the diagnostic testing required by
Section 81.090; and
(2) the person taking possession of the placenta signs
a form prescribed by the department acknowledging that:
(A) the person has received from the hospital or
birthing center educational information prescribed by the
department concerning the spread of blood-borne diseases from
placentas, the danger of ingesting formalin, and the proper
handling of placentas; and
(B) the placenta is for personal use.
(b) A person removing a placenta from a hospital or birthing
center under this section may only retain the placenta for personal
use and may not sell the placenta.
(c) A hospital or birthing center shall retain a signed form
received under Subsection (a) with the woman's medical records.
(d) This section does not prohibit a pathological
examination of the delivered placenta that is ordered by a
physician or required by a policy of the hospital or birthing
center.
(e) This section does not authorize a woman or the woman's
spouse to interfere with a pathological examination of the
delivered placenta that is ordered by a physician or required by a
policy of the hospital or birthing center.
(f) A hospital or birthing center that allows a person to
take possession of and remove from the facility a delivered
placenta in compliance with this section is not required to dispose
of the placenta as medical waste.
(g) A hospital or birthing center that acts in accordance
with this section is not liable for the act in a civil action, a
criminal prosecution, or an administrative proceeding.
Sec. 172.003. DEPARTMENT DUTIES. The department shall
develop the form and the educational information required under
Section 172.002 and post a copy of the form and information on the
department's Internet website.
SECTION 2. (a) Not later than December 1, 2015, the
executive commissioner of the Health and Human Services Commission
shall adopt the rules necessary to implement Chapter 172, Health
and Safety Code, as added by this Act.
(b) Notwithstanding Section 172.002, Health and Safety
Code, as added by this Act, a hospital or birthing facility is not
required to comply with that section until January 1, 2016.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.
* * * * *